On June 20, 2025, the United States Supreme Court issued an important ruling in Stanley v. City of Sanford, Florida, which significantly narrows the scope of the protections under Title I of the Americans with Disabilities...more
6/24/2025
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employment Discrimination ,
Employment Litigation ,
Retirement ,
Retirement Plan ,
SCOTUS ,
Stanley v City of Sanford Florida ,
Title I
On June 5, 2025, the Supreme Court unanimously held that a Plaintiff alleging reverse discrimination under Title VII be held to the same standard as if they belonged to another suspect class. Ames v. Ohio Dep’t of Youth...more
6/10/2025
/ Ames v Ohio Department of Youth Services ,
Appeals ,
Civil Rights Act ,
Employment Discrimination ,
Employment Litigation ,
Evidentiary Standards ,
Reverse Discrimination ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title VII
On December 9, 2024, the United District Court of Appeals for the Third Circuit issued an important decision whether New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”)...more
On November 18, 2024, Governor Murphy signed a law which will require New Jersey employers with 10 or more employees to disclose certain compensation benefit information in job advertisements....more
The United States Senate Judiciary Committee, with bipartisan support, has advanced the Protecting Older Americans Act Bill. The bill, which was introduced by Kirsten Gillibrand, D-N.Y., and Lindsey Graham, R-S.C., heads to...more
The United States Equal Employment Opportunity Commission (“EEOC”) is cracking down on the discriminatory treatment of transgender employees. Recently, a New York-based pizzeria agreed to pay $25,000 and agreed to other terms...more
In a previous blog post, I wrote about the elements of a negligence hiring claim and made recommendations how to avoid liability for your business. A negligence in supervision/retention claim has certain similarities to the...more
Effective March 11, 2024, the new independent contractor rule from the United States Department of Labor (DOL) takes effect. This rule change restores an earlier standard that required employers to weigh several factors in...more
1/19/2024
/ ABC Test ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test
Employers’ employees often encounter other members of the public. Those interactions can lead to litigation. For example, as addressed in one of my prior blog posts, an employee could be accused of sexually harassing a...more
Employment Plaintiff attorneys often include an “aiding and abetting” claim against the “deep pocket” employer when they sue for employment discrimination under the New Jersey Law Against Discrimination.
This blog will...more
The New Jersey Appellate Division issued a decision which sheds light on the issue of whether an employee’s sexual harassment of a third-party (non-employee) could subject the employer to liability under the New Jersey Law...more
1/8/2024
/ Appellate Courts ,
Best Practices ,
Customers ,
Discrimination ,
Employer Liability Issues ,
Independent Contractors ,
Landlords ,
Management Companies ,
Non-Employees ,
Real Estate Transactions ,
Sexual Harassment ,
Third-Party ,
Vendors
Employers have a duty to investigate and take appropriate remedial action if an employee complains that another employee texted inappropriate pictures or messages, even if those text messages were sent after regular work...more
Employers must take notice that the United State Equal Opportunity Commission (EEOC) is cracking down on companies that discriminate against workers because they have a mental health condition. Mental health...more
The RIA Compliance and Legal Strategies Conference is an essential event for registered investment advisors to gain a valuable understanding of current regulatory and compliance-related issues. Attendees will earn 5 CE...more
2/28/2023
/ Acquisitions ,
Arbitration ,
Audits ,
Compliance ,
Confidentiality Agreements ,
Continuing Legal Education ,
Cybersecurity ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Events ,
Hiring & Firing ,
Information Security ,
Litigation Strategies ,
Mergers ,
Registered Investment Advisors ,
Restrictive Covenants ,
Risk Management ,
Subpoenas ,
Texting
The Federal Trade Commission (“FTC”) is proposing a set of rules which, if passed and deemed constitutional would severely limit the use of non-compete clauses between employers and their employees....more
Former President Trump’s lawyers filed a motion in federal Court seeking the appointment of a “special master” to inspect the records seized from Mar-a-Lago by the FBI on August 8, 2022. This blog will address what a special...more
During the COVID-19 pandemic, many employers required their employees to work remotely to comply with state mandates and ensure their employees’ and customers’ health and safety. That resulted in a shift in attitudes...more
The United States Equal Opportunity Commission (“EEOC”) enforces workplace anti-discrimination laws, including the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act.
On July 12, 2022, the EEOC announced...more